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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958 - SECT 42BC

Statutory declaration by local operative

    (1)     Before a witness identity protection certificate is given for a local operative, the local operative must make a statutory declaration of the following matters—

        (a)     whether the local operative has been convicted or found guilty of an offence (in Victoria or elsewhere) and, if so, particulars of each offence; and

        (b)     whether any charges against the local operative for an offence are pending or outstanding (in Victoria or elsewhere) and, if so, particulars of each charge; and

        (c)     if the local operative is or was a law enforcement officer

              (i)     whether the local operative has been found guilty of professional misconduct and, if so, particulars of each finding; and

              (ii)     whether, to the local operative's knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation; and

        (d)     whether, to the local operative's knowledge, a court (in Victoria or elsewhere) has made any adverse comment about his or her credibility and, if so, particulars of the comment; and

        (e)     whether the local operative has made a false representation when the truth was required and, if so, particulars of the representation; and

        (f)     particulars of anything else known to the local operative that may be relevant to his or her credibility.

    (2)     Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.

    (3)     Subsection (2) does not apply to—

        (a)     proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or

        (b)     proceedings of a disciplinary nature against a law enforcement officer; or

        (c)     investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.

S. 42BD inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(a))).



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